The Legal Analysis Of Yang’s Stealing Game Virtual Property

In the drive of huge economic value of the virtual property interests, stealing virtual property criminal cases is also increasing,with the rapid development of online games.For these crimes should be how to conviction and sentence, there is widespread controversy in criminal law theory, there are different kind of judicial judgment.Among plenty of controversy,identification of virtual property criminal law has become the key attributes of the accurate application of the criminal law.In addition, how to identify the invasion of computer information system and virtual property theft by modifying the data of computer information system behavior, is misty mystery in network field,due to complexity of criminal behavior.This paper is based on “the case of Yang’s stealing game virtual property”(Hereinafter referred to as “Yang case”),which happened in our country with the reality of network crime as an example of legal analysis.This paper mainly adopts the method of combining theory with case,utilizes the theory of criminal law and other disciplines of professional knowledge and access to relevant literature and information to research the problems existing in "Yang’s case" and put forward to deal with suggestions,expecting to help the judicial theory and practicality.This paper is divided into four chapters to study the related issues. The first chapter is mainly on the "Yang case" for a brief introduction, and for the case of the controversial issues to explain. The second chapter discusses the issue about how to affirm virtual property’s attribute of belongings(property) and analyses virtual property’s attribute of belongings in “Yang case”. The third chapter mainly studies the problem of the behavior of invading the computer information system and taking the virtual property.And then analyzes the judgment of Yang’s criminal act in “Yang case”.The fourth chapter is based on the first three chapters discussing about qualitative and sentencing issues of the invasion of computer information system and stealing virtual property behavior in the system.This part applies to criminal law theory ofimaginative joinder of offenses, so the related knowledge of this theory will be analyzed.